Poland’s procedure for appointing senior judges by the executive branch violates EU rules, the Court of Justice of the European Union (CJEU) has said.
Tuesday’s ruling by the CJEU said the situation in Poland in which the justice minister, “who is also the Public Prosecutor General,” can “second judges to higher criminal courts” and terminate them at any time “without stating reasons,” infringes on the independence of the judicial branch.
The EU court’s opinion was requested by a regional court in Warsaw, which was worried that the appointment and termination procedure compromised the presumption of innocence in cases adjudicated by minister-seconded judges.
The CJEU found “a number of factors” that could empower the justice minister to influence judges and thus “may give rise to doubts concerning their independence.” It said appointments and terminations of a judge should be made “on the basis of criteria known in advance and must contain an appropriate statement of reasons.” Under the current procedures, the criteria are not public at all and the minister doesn’t have to explain his or her decision to withdraw the secondment.
The European court also noted that while a judge has to consent to be seconded by the minister, the termination can be done without one, which “may have effects similar to those of a disciplinary penalty.”
The minister’s role as head of the prosecution is problematic in the context of judge appointments, since it calls into question the impartiality of prosecution and trial, the CJEU said.
Lastly, there is an issue with seconded judges’ involvement in disciplinary proceedings brought against other judges. They serve as deputies to the Disciplinary Officer for Ordinary Court Judges, also appointed by the minister of justice. The arrangement could cast doubt on “the imperviousness of the other members of the adjudicating panels concerned to external factors,” the EU court said.
The combination of factors gave the CJEU reason to believe that minister-seconded judges “are not provided with the guarantees and the independence which all judges should normally enjoy” in a member-state of the EU. The minister’s power “cannot be considered compatible with the obligation to comply with the requirement of independence.”
Considering the circumstances, the court added, “the presumption of innocence may be jeopardised” in cases presided over by judges such as these in Poland.
The disputed procedure is part of a sweeping reform of the judicial system, which put the conservative Polish government at loggerheads with the EU. The opinion is the latest blow dealt to Poland in the ongoing conflict.
Last month, the CJEU imposed a €500,000 ($568,000) per day fine on Warsaw for ignoring a previous order from the court in a case regarding a mining operation. Poland called the ruling part of a “political blackmail” campaign by Brussels.
The EU and Poland have long been entrenched in conflicts over domestic policies which officials in Brussels say go against the union’s rules. Warsaw, among other things, has been accused of compromising the rule of law, discriminating against the LGBT community, and curbing freedom of the press. The Polish government says the EU is attempting to encroach upon its national sovereignty.
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Kids say the strangest and funniest things. We’ve always loved the frank, honest and unadulterated way that little humans choose to express themselves. They see things from a different perspective to us grownups whose thoughts have been shaped and molded by the world around us. NYC school teacher Alyssa Cowit was so fascinated by the questions and comments from her Kindergarteners that she decided to start an Instagram account, called Live From Snack Time, to chronicle them. Scroll down for some of the best ones!
An Argentinian woman has become the second-ever HIV-infected person whose immune system helped defeat the virus without requiring additional medical treatment. She was first diagnosed with the AIDS-causing infection in 2013.
Scientists have dubbed the 30-year-old mother the “Esperanza patient,” after her hometown. The word ‘esperanza’ translates to ‘hope’ in English. Publishing their findings in the Annals of Internal Medicine journal on Monday, the researchers said the discovery boosts hope for a “sterilizing cure” for the estimated 38 million people with the life-long infection.
“I enjoy being healthy,” the Esperanza patient told NBC News over email. “I have a healthy family. I don’t have to medicate, and I live as though nothing has happened. This already is a privilege.”
The study found no intact remnants of the virus in the 1.5 billion blood and tissue cells the researchers analyzed – confirming the discovery first announced in March at an international meeting of HIV experts.
No additional information about the woman has been made public, but she was described at the time as “athletic and beautiful” and revealed to have an HIV-negative boyfriend and newborn baby.
Only one other person, identified in August 2020 as 67-year-old Loreen Willenberg from San Francisco, has been confirmed to have overcome the virus without medical intervention. The two women have been labeled ‘elite controllers’, referring to a rare subset of HIV patients who show no signs of the infection despite not undergoing antiretroviral treatments.
Typically, an HIV-infected person requires constant drug therapy to prevent the virus from attaching to their immune cells’ DNA and replicating. But, in the eight years since she was diagnosed, the Esperanza patient only received medication for six months during pregnancy to ensure her baby would be healthy.
In all, there have been four patients cured of HIV, two of whom – the ‘Berlin patient’ Timothy Ray Brown and the ‘London patient’ Adam Castillejo – were also cancer patients who received risky bone marrow transplants from donors with HIV-resistant genes. However, the success of their procedures is yet to be replicated.
“This is really the miracle of the human immune system that did it,” Dr. Xu Yu, an immunologist at the Ragon Institute in Boston, who co-authored the study, told NBC.
The European Union’s top court has ruled that Hungary’s 2018 law aimed at criminalizing aiding illegal immigrants who are claiming asylum violates the “rights safeguarded” by the bloc’s legislature.
The Hungarian legislation, passed in 2018, sought to punish anyone “facilitating illegal immigration” with a year in prison, under a bill dubbed the “Stop Soros” law. Hungary’s government justified it at the time by arguing that migrants illegally entering the country threatened its national security.
In the ruling, handed down on Tuesday, the European Court of Justice declared that “criminalizing such activities impinges on the exercise of the rights safeguarded by the EU legislature in respect of the assistance of applicants for international protection.”
The EU’s advocate general, Athanasios Rantos, had urged the court to make such a judgement back in February, claiming the introduction of the legislation meant that “Hungary has failed to fulfil its obligations under the [bloc’s] Procedures Directive.”
It became known as the Stop Soros law after billionaire philanthropist George Soros became a vocal opponent of the Hungarian government’s opposition to migration. The administration, in turn, accused Soros of orchestrating migration to Europe, with the Open Society Foundation, run by the philanthropist, closing its operation in the country in response.
Hungary, under the leadership of right-wing Prime Minister Viktor Orban, has repeatedly clashed with the EU in recent years over its strong stance on immigration and concerns from the bloc about threats to the rule of law in the country.
At the end of 2020, a dispute between Hungary and Poland and the EU risked derailing the bloc’s budget, as both member states were threatening to veto it over their view that the EU was attempting to interfere in their domestic affairs. Ultimately, the EU backed down, agreeing to a compromise with Budapest and Warsaw to ensure the budget secured the support of all 27 member states.
Despite acknowledging the EU court’s ruling, Hungary’s government defended its right to challenge any foreign-funded non-government organizations that are attempting to “promote migration.”
“Hungary’s position on migration remains unchanged: Help should be taken where the problem is, instead of bringing the problem here,” Hungarian government spokesperson Zoltan Kovacs said, adding that the country will challenge outside entities “seeking to gain political influence and interference.”
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The Chinese envoy to the European Union has reiterated Beijing’s goal of peacefully reuniting Taiwan with the mainland but stated the country’s preparedness to use “decisive measures.”
Speaking on Tuesday, China’s ambassador to the EU, Zhang Ming, said Beijing would never change its position on Taiwan. “If anything changes, it is that the Chinese people’s resolve to realize complete reunification of our country grows even stronger,” Ming told an online think tank event in Brussels.
“Some people in Europe seem to underestimate the Chinese people’s aspiration for a reunification of our country,” he added, noting also that the bloc must lift its sanctions if a new Sino-EU investment deal is to be ratified.
In May, Brussels halted an investment pact agreed with China last December, after Beijing imposed sanctions on several members of the European Parliament. The EU responded, introducing its own sanctions related to the treatment of the Uyghur people and alleged genocide in Xinjiang.
In recent years, China has become increasingly assertive about reuniting its wealthy island neighbor with the mainland. Beijing claims Taiwan is an inalienable part of the country and has called on Western parties to refrain from interfering in Chinese internal affairs. Western nations, notably the US and UK, have shown willingness to defend the democratic island.
Taiwan considers itself to be independent of China since 1949 when the communist forces overthrew the government of the Republic of China on the mainland, forcing the Kuomintang-ruled state to relocate there.
People are weird. They cook and eat the strangest things. This time it’s an octopus stuffed inside a turkey, sitting on top of crab legs, and (optionally) garnished with bacon strips. This monstrous culinary invention was inspired by H.P. Lovecraft’s Cthulhu mythos, and honestly… it looks like a crime against food.
If this gallery wasn’t disgusting enough for you, you should also check out pre-cooked canned chicken that we’ve previously featured on this fun and useful site. We know you’ll love it!
Libyan military commander Khalifa Haftar is set to challenge Gaddafi’s son for the top job, announcing his presidential bid. The election will take place on December 24.
“I declare my candidacy for the presidential election, not because I am chasing power but because I want to lead our people towards glory, progress and prosperity,” the de facto leader of Eastern Libya said in a televised speech.
Haftar added that the election is the only way out of the severe crisis the country has been plunged into.
The announcement was expected; in September, Haftar announced that he was temporarily stepping down as head of the force known as the Libyan National Army, fulfilling the requirement for presidential hopefuls to suspend public work three months before an election.
Haftar will run against the son of former leader Muammar Gaddafi, Saif al-Islam Gaddafi, who represents the Popular Front for the Liberation of Libya.
Haftar’s presidential bid is likely to anger many who consider him a war criminal responsible for the indiscriminate killing of civilians during his military campaign. A number of civil lawsuits have been filed against him in a US federal court for alleged war crimes. Haftar has both US and Libyan citizenship, and owns property in Virginia.
Following years of civil war and political chaos after the NATO-backed intervention that saw Muammar Gaddafi deposed and brutally murdered, the upcoming election is widely viewed as an opportunity for political settlement and the long-awaited unification of the country, divided now between Haftar’s forces and the Tripoli-based Government of National Accord. However, there is still no consensus on the legal grounds for the election, which could become an obstacle for the peace process.
Once you’ve reached optimal cat lady status, there comes a time in your life where you think it’s necessary to start massaging your cat’s head. Luckily, someone has already created a cat head massager, and it is most likely the most specific niche product you could think of. You can get it on Amazon or AliExpress.
If your cat didn’t love you before, rest assured he will love you now. Your cat will be so thankful for the head massage that he might even ignore you for less time throughout the day, and if you’re really lucky, your cat may even acknowledge your existence. …Or you can use it on yourself if you have a particularly small head.
In case you feel like you should have this thing in your (and your cat’s) life, you can get it on Amazon or AliExpress.
Objects, including spacecraft, could pierce through the universe using several black holes as a ‘shortcut’, a new study suggests.
The new theory posited by French physicist Pascal Koiran marks a break from earlier research in the field of black hole studies. Previously, it was thought that a so-called ‘wormhole’ composed of two black holes would be prone to instantly collapse, thus making it impossible for an object to successfully travel all the way from one side and out the other. However, by employing different metrics, the French scientist’s new model has arrived at a very different conclusion: “We show that the particle reaches the wormhole throat for a finite value t′1 of the time marker t′.” In essence, that means an object, for instance, a spacecraft, could pass through this wormhole portal intact and reach some far-away region of the universe, taking far less time than would be needed if traveling conventionally.
The study in its entirety will see the light of day in the upcoming issue of the Journal of Modern Physics D, though an abstract has been available since early October.
Yet, there are too many ifs as to whether this purely theoretical model has any bearing on the way the universe actually works. For starters, to create such a time-and-space tunnel you would need a regular black hole and a so-called white hole, which is essentially a black hole in reverse. While black holes never let anything out, their ‘twins’ never let anything in. So, according to Albert Einstein’s theory of general relativity and Nathan Rosen’s additions to it, if you were to connect the two, they would make up a bridge across time and space. However, if the laws postulated by another branch of physics, thermodynamics, are anything to go by, such a construct would be highly unstable. Perhaps more importantly, the very existence of white holes has yet to be proven beyond a reasonable doubt. At present, they remain a pure theorization, thus putting any talk of space-and-time portals on rather shaky ground.
France shouldn’t remain silent on Julian Assange, leftist leader Jean-Luc Melenchon has said, after the imprisoned WikiLeaks co-founder’s father suggested that Paris could offer asylum to his son.
The life of Assange – who is being held in solitary confinement at London’s Belmarsh maximum security prison while a British court considers an extradition request by the US – is under threat, Melenchon wrote on Twitter on Tuesday.
“For years, we’ve been calling for France to accept him,” the head of the leftist La France Insoumise (France Unbowed) party said, insisting that “France shouldn’t remain silent.”
The statement by Melenchon, who won 19.6% of the ballot in the first round of the French presidential election in 2017, follows a visit by Assange’s father, John Shipton, to the Whistleblower Meeting in Paris on Monday.
During the event, Shipton told Sputnik news agency that it would be “an honorable thing” for the French government to grant his son asylum.
“I feel that France hasn’t attacked Julian over the last 12 years and consequently France is free to act in return for the information that WikiLeaks and Julian brought to France,” he said, referring to the website’s revelations of the US intelligence agencies spying on French presidents and hacking into local banks.
🔴 John #Shipton : «La France n’a pas attaqué #Julian pendant les dernières années difficiles, donc la France est libre d’agir en échange des informations que #WikiLeaks et Julian ont apportées à la France. Ce serait honorable pour la #France d’offrir [l’asile] à Julian #Assange» pic.twitter.com/ceZ7qTARua
Several dozen French lawmakers have also recently called upon Paris to take Assange in, with the Australian-born publisher’s legal team saying last year that their client was hoping to find asylum on French soil.
Assange could face up to 175 years behind bars if he’s extradited to the US, where he’s wanted on espionage charges over the release by WikiLeaks of classified documents on Iraq, Afghanistan, Guantanamo Bay, and others.
He was placed in Belmarsh in April 2019 over breach of bail, after being holed up in the Ecuadorian Embassy in London for seven years.
The publisher had been fleeing an arrest warrant issued over sexual assault allegations which he has always denied, and which failed to result in any actual charges due to lack of evidence.
Assange’s supporters insist that he has actually been persecuted over his legitimate journalistic activities and revealing the truth to the public.
The UK High Court is expected to rule on the appeal by the US against a lower court decision to bar the WikiLeaks co-founder’s extradition to America due to the 50-year-old’s poor health condition and risk of suicide.
Assange’s team will then be able to challenge the ruling in the Supreme Court if it’s not favorable.
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